Christopher J. Novak
Senior Counsel
May 10, 2018
Honorable Kimberly D. Bose Secretary
Federal Energy Regulatory Commission 888 First Street, NE
Washington, DC 20426
Re: Niagara Mohawk Power Corporation
Docket No. ER18-____-000
Notice of Cancellation of Reimbursement Agreement with Oneida Indian
Nation
Dear Secretary Bose:
Pursuant to Section 35.15 of the Federal Energy Regulatory Commission’s
(“Commission”) regulations,1 Niagara Mohawk Power Corporation (“Niagara Mohawk”)
submits for Commission acceptance this Notice of Cancellation of the Amended Cost
Reimbursement Agreement (“Reimbursement Agreement”) between Niagara Mohawk
and the Oneida Indian Nation (the “Nation”) that went into effect on August 22, 2016.2
The Reimbursement Agreement has terminated pursuant to notice provided by the Nation
that it has decided not to move forward with the project that is the subject of the
Reimbursement Agreement. Niagara Mohawk requests that the Commission accept this
Notice of Cancellation effective as of the termination date requested by the Nation, i.e.,
March 30, 2017.
I.Background and Justification for Cancellation
The Reimbursement Agreement went into effect on August 22, 2016. According to its terms, the Reimbursement Agreement may be terminated upon the provision of written notice by the Nation to Niagara Mohawk.3 The Nation has provided such notice to Niagara Mohawk that it has terminated the Reimbursement Agreement effective
March 30, 2017, because the Nation has decided not to move forward with the project that is the subject of the Reimbursement Agreement.
1 18 C.F.R. § 35.15.
2 Commission Letter Order, Docket No. ER16-2625-000 (Nov. 15, 2016). The Reimbursement Agreement is designated as Service Agreement No. 2264 under the Open Access Transmission Tariff (“OATT”) of the New York Independent System Operator, Inc. (“NYISO”).
3 Section 5.3 of the Reimbursement Agreement.
40 Sylvan Road, Waltham, MA 02451
T: 781-907-2112F: 781-907-5701Chris.Novak@nationalgrid.com www.nationalgrid.com
The Honorable Kimberly D. Bose May 10, 2018
Page 2
II.Effective Date
Niagara Mohawk respectfully requests waiver of the 60-day prior notification
requirement contained in Section 35.15 of the Commission’s regulations and that the
Commission accept this Notice of Cancellation effective March 30, 2017. 4 The
Reimbursement Agreement terminated as of that date pursuant to the notice that the
Nation provided to Niagara Mohawk as described above. Therefore, good cause exists to cancel the Reimbursement Agreement as of the requested effective date.
III.Communications and Service
Communications and correspondence regarding this filing should be addressed to
the following individuals:
Christopher J. Novak Senior Counsel
National Grid USA Service Company, Inc.
40 Sylvan Road
Waltham, MA 02451
Tel: (781) 907-2112
chris.novak@nationalgrid.com
IV.Service
Sean Atkins
Bradley R. Miliauskas Alston & Bird LLP 950 F Street, NW
Washington, DC 20004 Tel: (202) 239-3300
sean.atkins@alston.com
bradley.miliauskas@alston.com
Copies of this filing have been served on the Nation, the NYISO, and the New York State Public Service Commission.
4 For good cause shown, the Commission may accept a notice of cancellation effective as of a date prior to the date of filing or prior to the date the filing would become effective in accordance with Section 35.15 of the regulations. 18 C.F.R. § 35.15(a).
40 Sylvan Road, Waltham, MA 02451
T: 781-907-2112F: 781-907-5701Chris.Novak@nationalgrid.com www.nationalgrid.com
The Honorable Kimberly D. Bose May 10, 2018
Page 3
V.Conclusion
For the reasons stated above, Niagara Mohawk respectfully requests that the Commission accept this Notice of Cancellation of the Reimbursement Agreement effective as of March 30, 2017.
Respectfully submitted,
/s/ Christopher J. Novak
______________________ Christopher J. Novak
Senior Counsel
National Grid USA Service Company, Inc.
40 Sylvan Road
Waltham, MA 02451
Counsel for Niagara Mohawk Power Corporation
40 Sylvan Road, Waltham, MA 02451
T: 781-907-2112F: 781-907-5701Chris.Novak@nationalgrid.com www.nationalgrid.com